Federal Judge Aileen Cannon on Tuesday rejected special counsel Jack Smith’s request for a gag order against Donald Trump in the classified documents case, saying that prosecutors’ efforts to confer with the defendant was “wholly lacking in substance and professional courtesy.”
As I understand it, they don’t need to ask permission, but they need to make an actual attempt at a diplomatic resolution before making the formal request. If that doesn’t go to their liking, then they would speak to the judge.
It should have been a formality, because in all likelihood, the defense would have politely told the prosecutors to get fucked, but they really shouldn’t have skipped that step.
Your honor, I have a hundred examples of Trump violating gag orders from/checks notes/ the past 2 weeks. Asking them would be an insult in the first place.
Maybe it’s a good way to test the waters to add to their concrete examples of bias.
It’s not like they expect the gag order to be followed or enforced anyway. Judge Merchan has enough issues with that, and we already know Cannon will have less than no interest.